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GLBT Youth in Iowa Schools Task Force

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Iowa Department of Education  Sample District Harassment and Bullying Policy

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The school district is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect. To that end, the school district has in place policies, procedures, and practices that are designed to reduce and eliminate bullying and harassment as well as processes and procedures to deal with incidents of bullying and harassment when they occur.

Bullying and harassment of students by other students, school officials, faculty, staff, and volunteers who have direct contact with students will not be tolerated in the school district. The school district prohibits harassment, bullying, hazing, or any other victimization based on real or perceived race, sex, creed, color, national origin, religion, marital status, disability, sexual orientation, physical appearance, and/or personality characteristics.

This policy is in effect while students are on property within the jurisdiction of the school district; while on school-owned and/or school-operated vehicles; while attending or engaged in school sponsored activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school district. If after an investigation a student is found to be in violation of this policy, the student shall be disciplined by measures up to and including suspension and expulsion.

Harassment as set forth above may include, but is not limited to the following behavior/overt acts and or circumstances:

  • Verbal, nonverbal, physical or written harassment, bullying, hazing, or other victimization that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;

  • Repeated remarks of a demeaning nature that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;

  • Implied or explicit threats concerning one's grades, achievements, property, etc. that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim;

  • Demeaning jokes, stories, or activities directed at the student that have the purpose or effect of causing injury, discomfort, fear, or suffering to the victim; and/or

  • Unreasonable interference with a student's performance or creation of an intimidating, offensive, or hostile learning environment.

Sexual harassment means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

  • Submission to the conduct is made either implicitly or explicitly a term or condition of the student’s education or benefits;

  • Submission to or rejection of the conduct by a school employee is used as the basis for academic decisions affecting that student; or

  • The conduct has the purpose or effect of substantially interfering with the student’s academic performance by creating an intimidating, hostile, or offensive education environment.

In situations between students and school officials, faculty, staff, or volunteers who have direct contact with students, bullying and harassment may also include the following behaviors:

  • Requiring that a student submit to bullying or harassment by another student, either explicitly or implicitly, as a term or condition of the targeted student’s education or participation in school programs or activities; and/or

  • Submission to or rejection of such conduct by a student is used as a basis for decisions affecting the student.

Retaliation against a student because the student has filed a bullying or harassment complaint or assisted or participated in a harassment investigation or proceeding is also prohibited. Students who knowingly file false harassment complaints or give false statements in an investigation shall be subject to discipline by measures up to and including suspension and expulsion, as shall any student who is found to have retaliated against another in violation of this policy.

The district will promptly and reasonably investigate allegations of harassment. The building principal, Level I investigator, or designee will be responsible for handling all complaints by students alleging harassment.

It will also be the responsibility of the superintendent, in conjunction with the investigator and principals, to develop procedures regarding this policy. The superintendent will also be responsible for organizing training programs for students, school officials, faculty, staff, and volunteers who have direct contact with students. The training will include how to recognize harassment and what to do in case a student is harassed. It will also include proven effective harassment prevention strategies. The superintendent will also develop a process for evaluating the effectiveness of the policy in reducing bullying and harassment in the school district. The superintendent shall report to the board on the progress of reducing bullying and harassment in the school district.

 

Iowa Association of School Boards

Position Statement: Preventing Bullying and Harassment

 

OVERVIEW:

Children learn better when they feel safe at school.  All children deserve to be safe and know they are protected no matter their personal characteristics, yet bullying and harassment put many students at risk.  It is the responsibility of Iowa school districts to ensure all students are safe while in the classroom or engaging in school activities. 

BACKGROUND:

School safety came to the forefront in the mid-1990s due to a string of school shootings.  The brutality at Columbine High School in 1999 merely reinforced the need for school districts to address student safety in a way never before seen by school boards, administrators, staff and parents.  While schools were already encouraged to have school emergency plans and practice them, Columbine was the impetus many school districts needed to take student safety more seriously.  Educators were no longer complacent, believing “It can’t happen here.”  

Also surfacing in the 1990s was the issue of how children react when bullied at school.  The common denominator among many of the school shootings was that the shooter had been bullied at school and was taking revenge.  While educators acknowledged bullying occurred, they didn’t anticipate students would or could react so violently to being bullied.  Bullying is a serious issue school districts are now fighting head on.  It is no longer acceptable for educators and parents to believe bullying is a rite of passage for some or turn a blind eye and allow bullying to occur. 

A recent national survey indicates how prevalent bullying and harassment is in schools.*

  • Two-thirds (65 percent) of teens report that they have been verbally or physically harassed or assaulted during the past year because of their perceived or actual appearance, gender, sexual orientation, gender expression, race/ethnicity, disability or religion.

  • The reason most commonly cited for being harassed is a student’s appearance as 39 percent of students report they are frequently harassed for the way they look or their body size.

  • The next most common reason for harassment, 33 percent, is because they are or are perceived to be gay, lesbian or bisexual.

 

CURRENT SITUATION:

The Iowa Educational Standards require board policies addressing student conduct including prohibiting harassment of or by students and staff.  The law does not specify which sub-groups of students should be specifically protected from harassment, recognizing all students are to be protected no matter their personal characteristics.  Federal law also requires schools to have anti-harassment policies based upon specific individual characteristics such as race, ethnicity, gender, national origin, religion and disability.  While federal law does not specifically address “sexual orientation,” courts have held that, for purposes of anti-harassment policies, harassment based upon a student’s real or perceived sexual orientation is “sex discrimination” and actionable under federal law.

It should not matter whether a child is gay, obese or has a mental illness -- every child has a right to attend school free from harassment and bullying.  Several state organizations have recommended that local school boards add sexual orientation to the list of subgroups, expanding upon the protected classes required by state and federal law.  Because the federal anti-harassment law has already been interpreted as protecting students based upon their sexual orientation, it is IASB’s position that the expanded policy language is not necessary.  That said, boards may choose to add the language to reinforce with staff and the community the board’s commitment that all students be protected from bullying and harassment.  Several boards in Iowa have taken that option.  Whether board policy specifies additional subgroups or not, a key to safety for all students is ensuring that administrators enforce the policy on a daily basis in schools and classrooms.

IASB has worked with the Iowa Department of Education, other statewide education organizations and Employers Mutual Companies to ensure appropriate resources are available to schools to eradicate bullying in Iowa school districts.  IASB has also been a member of the Safe Schools Task Force since its inception in 2001. 

Many anti-bullying curricula are available to school districts.  School districts can contact either the Iowa Department of Education or their area education agency for resources and an anti-bullying curriculum.

 

RECOMMENDATIONS FOR STATE AND LOCAL POLICYMAKERS:

Recommendations for State Policymakers:

  • Talk to your local schools and see what steps they have taken to ensure students’ safety at school and eradicate bullying in the schools.

  • Talk to members of Iowa’s congressional delegation and ask them to support increased funding for Safe and Drug Free Schools, the main funding source for safe schools programming.

  • Listen to educators about what assistance and resources are needed to protect students.

  • Recognize that all students deserve to be safe at school and continue state policy that protects all students no matter their personal characteristics.

 

RECOMMENDATIONS FOR LOCAL POLICYMAKERS:

  • Develop, implement and practice an emergency plan.

  • Ensure board policy is being enforced for every student in the school district and that certain students are not left unprotected due to personal characteristics.

  • Ask the administration to report on the extent of bullying and harassment in the school district.

  • Recognize that bullying is not a rite of passage and cannot be ignored.

  • Evaluate your safe schools programming, including talking to or surveying students, to determine whether the programs are working.

  • Provide the resources for staff training on anti-bullying practices, curriculum and enforcement.

  • Consider adding “sexual orientation” or “other personal characteristics” to your board policy prohibiting harassment of students.

 

ADVOCACY MESSAGES:

  • All students have a right to be and feel safe at school.

  • Schools must protect all students.

  • School employees must be given the ability and authority to enforce anti-bullying and anti-harassment policies. 

  • Bullying and harassing activities once seen as a rite of passage must be stopped.

  • Local school boards are best suited to determine how to implement anti-bullying and anti-harassment programs in their districts.

 

RESOURCES:

*From Teasing to Torment:  School Climate in America, A Survey of Students and Teachers.  Commissioned by the Gay, Lesbian and Straight Education Network, Researched by Harris Interactive.  2005.

 

CONTACTS: Mary Gannon, Attorney, IASB 

 

School Administrators of Iowa

Representative Council Resolution

SAI will encourage Iowa school boards to add the words 'sexual orientation' to Discrimination and Harassment board policies.

 

Iowa Parent Teacher Association

Position Statement: Identity Development 

The Iowa PTA recognizes the importance of a safe, caring environment for the healthy development of all children and youth.  Because of a fear of being rejected, harassed, or physically harmed, youth, including gay and lesbian, may be hesitant to ask for help or to share their concerns with others.  Therefore, the Iowa PTA supports a school environment that is understanding of, and knowledgeable about, the nature of identity development.

 

 


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